TRIAL CHAMBER I ("the Chamber") of the International
Tribunal for the Prosecution of Persons Responsible for Serious Violations of
International Humanitarian Law Committed in the Territory of the Former Yugoslavia since
1991 ("the Tribunal"),

NOTING the "Request for Delivery of Handwritten
Documents" ("the Request"), filed by the accused Zoran Zigic ("the
accused Zigic") on 13 February 2001, in which the Defence of the accused Zoran Zigic
asks the Chamber to issue a binding order upon the Prosecution to produce an example of
the handwriting and signature of the witness Husein Ganic in order to have an expert in
graphology examine and authenticate his prior statement;

NOTING the "Prosecutions Response to Accused Zoran
Zigics Request for Handwritten Documents" ("the Prosecution
Response") filed on 23 February 2001, in which the Prosecution states that it has
already provided the accused Zigic with all material pertaining to Husein Ganic and that
the Defence has no basis for seeking a binding order upon the Prosecution once a witness
has testified;

NOTING that the Chamber ruled on 4 July 2000 that prior statements
of witnesses are not admissible into evidence, but that prior statements can be used
during the testimony of the witness to check a particular point or to check the
credibility of the witness;

NOTING that on 26 September 2000, the Prosecution disclosed to the
Defence a document consisting of 38 hand-written pages allegedly representing Husein
Ganics prior statement ("the handwritten document"); that the document
bears on each page the seal of the State Commission for Gathering of facts on War Crimes
of the Bosnia and Herzegovina Presidency ("State Commission") and the signature
of the witness Husein Ganic; that on 26 September 2000, Husein Ganic gave evidence before
the Chamber and said he could not remember having given such a statement to the State
Commission and denied that the handwritten document was written and signed by him1;

NOTING that the Defence submits that it prepared the
cross-examination of the witness Husein Ganic in view of the handwritten document, and was
unable to evaluate his testimony in light of his prior statement because the witness
denied the authenticity of the handwritten document;

NOTING that on 27 September 2000, the Chamber rejected the Motion
of the Defence of the accused Zigic to tender the handwritten document, into evidence as
exhibit D4/4 on the ground that the Prosecution did not authenticate the handwritten
document;

CONSIDERING that the question of verifying the authenticity of a
prior statement after the witness has testified is of importance because this question
impinges upon the ability of a Trial Chamber to ascertain facts and deal with credibility
of all evidence brought before it; that accordingly, the Chamber ruled on 27 September
2000 that "the Defence Counsel may always avail themselves of an opportunity to try
and authenticate the handwritten document during the presentation of their case"2;

CONSIDERING that original examples of the handwriting and signature
of the witness Husein Ganic should be made accessible to an expert in order that the
Defence of the accused Zigic may introduce into evidence the report of an expert in
graphology to authenticate the handwritten document in order to verify the credibility of
the witness Husein Ganic; that for the need of the expertise,;

PURSUANT to Rules 54, 74 bis and 89 of the Rules of
Procedure and Evidence;

FOR THE AFOREMENTIONED REASONS,

REJECTS the Motion in so far as it concerns issuing a binding order
upon the Prosecution;

ORDERS an examination of the handwriting and signature of the
witness Husein Ganic and a comparison with the disputed writing and signature proceed in
conformity with the regulations of the profession with the purpose of verifying the
authenticity of the handwriting of and or the signature on the handwritten document,
allegedly written and signed by the witness Husein Ganic.

REQUESTS the Registrar to assign this task to an expert in
graphology and toallow the expert access to original documents bearing the
handwriting and signature of the witness Husein Ganic;

DECLARES thata written report of the evaluations,
observations and recommendations formulated by the expert shall be transmitted to the
Registry no later than 2 April 2001.